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McGarr v Department of Finance in Legal Gazette

It was pointed out to me that my case against the limiting of Civil Service promotional opportunities to those with set years of service is cited in some detail in the cover article in the new edition of the Legal Gazette. The Gazette is the magazine for Irish Solicitors, produced by the Law Society of Ireland.

The principle established in McGarr v The Department of Finance, taken together with other cases, has now resulted in the Gazette refusing to run recruitment advertisments which specify that applicants must have a certain number of years ‘post-qualification experience’ (PQE, as they term it) as they constitute a form of indirect age discrimination.

This kind of limitation has been the norm in legal professional recruitment advertising until now. Some three years ago these consequential results from the Equality Tribunal’s decisions were clear to anyone with eyes to see. It is heartening to see the ripples starting to appear.


Next to come: An end to grade-based promotion in favour of open competition for all posts in both the public and private sectors.
Also: Union and employer apoplexy at the pain of legal change coming to a comfortably settled system.